COPYRIGHT LAW
GOLDEN GATE UNIVERSITY SCHOOL OF LAW
THIS IS AN OPEN BOOK OPEN MATERIALS EXAM. You may use any notes, books or other material to assist you in
responding to the questions.
There are two (2) essay questions on this exam. Each question is worth fifty (50) points. Answer each question as fully as you
can, citing any appropriate cases, industry standards, and statutes that are relevant.
DO NOT WRITE ON BOTH SIDES OF THE PAGE WRITE LEGIBLY OR PRINT IF YOUR HANDWRITING IS DIFFICULT TO
READ. If I cannot read your response to a question, your grade will be adversely affected.
QUESTION NO. 1 (50 Points)
You represent Scientific World ("SW"), a monthly magazine featuring freelance articles by leading scientists. Last year SW
decided to develop a web page. It contacted Web Designs, Inc. ("WDI"), who agreed to do the design and coding for a fee of
$60,000 payable at the rate of $5,000 a month. SW sent WDI a contract that provided that the work would be a work for hire, but
WDI commenced work without signing the SW draft. However, when asked by SW, WDI did place an SW copyright notice on
the web page. WDI reported to the SW Director of Computer Services who supervised the project for SW. The work went
smoothly for several months. The initial version of the web page, containing the design and graphics developed by WDI under
SW's supervision, integrated with articles from past issues of SW, selected and edited by the SW staff, was well received when it
was launched using the WDI computer system. Before making the final payment, SW finally required WDI to sign the draft
agreement.
However, the project had become more complex than had been anticipated, and WDI demanded an additional $30,000 before
releasing the web page code to SW. In addition, WDI began using some of the code it had developed for SW in designing a web
page for Science Monthly, a competing publication. SW, using a password it obtained during development, obtained access to
the WDI computer system, and downloaded the web page code without WDI's consent. Meanwhile, WDI obtained a copyright
registration for its web page graphics and computer software, and has threatened to sue SW for copyright infringement.
What do you advise?
QUESTION NO. 2 (50 Points)
Smith is a world famous authority on birds of Central America, and he has compiled an extensive collection of sound
recordings of bird songs from that region. Lucas is a movie producer, who made the hit film Dinosaur Park, a story
about the breeding of dinosaurs at a scientific installation in Central America. For accuracy, Lucas insisted that the
sounds of birds in the movie must be authentic, and sent a team to Central America to obtain recordings. The team
asked Smith to guide them, but the expedition was not successful in obtaining bird songs because it was the wrong time
of year. Before returning to the United States, the team secretly made a copy of Smith's taped bird song collection, "400
Central American Bird Songs". When the film came out a year later, Smith learned that Lucas used over one hundred
bird songs from Smith's collection.
Smith, after seeing the film, promptly registers a copyright on his collection of bird songs and sues
Lucas for copyright
infringement, seeking as damages all of the profits Lucas obtained from the film.
What result?